This article establishes the procedures and framework necessary
for the enforcement and administration of this chapter in accordance
with the Pennsylvania Municipalities Planning Code.
The procedures discussed in this section shall apply to all
proceedings before the ZHB and where applicable shall apply to proceedings
before the Borough Council.
A. Enabling regulation. All hearings shall be held in strict accordance
with the procedures contained in Article IX of Act 246, as amended
by Acts 66 and 67 of 2000, the Pennsylvania Municipalities Planning
Code.
B. Applications. All appeals and other applications shall be in writing,
in a form prescribed by the Board. Such applications shall contain,
at a minimum:
(1) The specific ordinance and provision of said ordinance involved.
(a)
The interpretation that is claimed for any challenges to the
validity of said ordinance;
(b)
The use for which special exception or conditional use is sought;
or
(c)
The details of the variance that is applied for, and the grounds
on which it is claimed that the variance shall be granted.
(2) All required filing fees as may be established by the Borough Council.
C. Appeals, general. No person shall be allowed to file any proceeding
with the Board later than 30 days after an application for development,
preliminary or final, has been approved by the appropriate municipal
officer agency or body, if such proceeding is designed to secure reversal
or to limit the approval in any manner unless such person alleges
and proves that he/she had no notice, knowledge or reason to believe
that such approval had been given.
(1) If such person has succeeded to his interest after such approval,
he/she shall be bound by the knowledge of his/her predecessor in interest.
(2) The failure of anyone other than the landowner to appeal from an adverse decision on a tentative plan pursuant to Article
VI of this chapter or from an adverse decision by the Zoning Officer on a challenge to the validity of an ordinance or map pursuant to Section 916.2 of the Pennsylvania Municipalities Planning Code Act of 1967, P.L. 705, No. 246, as amended, shall preclude an appeal from a final approval except
in the case where the final submission substantially deviates from
the approved tentative plan.
D. Appeal time frame. All appeals from determinations adverse to landowners
shall be filed by the landowner within 30 days after the determination
is issued.
E. Stay. Upon filing of any proceeding referred to in this article and
during its pendency before the ZHB, all land development pursuant
to any challenged ordinance, order or approval of the Zoning Officer
or any agency or body, and all official action thereunder shall be
stayed unless the Zoning Officer or any appropriate agency or bodies
certifies to the Board facts indicating that such stay would cause
imminent peril to life or property, in which case the development
or official action shall not be stayed otherwise than by a restraining
order, that may be granted by the ZHB or by a court of competent jurisdiction
on petition, after notice to the Zoning Officer or other appropriate
agency or body.
F. Bonding for approved applications. When an application for development,
preliminary or final, has been duly approved and proceedings designed
to reverse or limit the approval are filed with the ZHB by persons
other than the applicant, the applicant may petition a court of competent
jurisdiction to order such persons to post bond as a condition to
continuing the proceedings before the Board.
(1) The question of whether or not such petition should be granted and
the amount of the bond shall be within the sound discretion of the
court.
(2) An order denying a petition for bond shall be interlocutory.
(3) An order directing the responding party to post a bond shall be interlocutory.